Terms and Conditions

THESE TERMS

These are the terms and conditions on which we supply products to you, whether these are goods or services. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

By accepting these terms, you agree and accept that we may start making products that are tailor-made for you (i.e. subscription glasses) and therefore, even if you cancel the contract, the will not be entitled to a refund for those products.

INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Chak Shu London Limited a company registered in England and Wales. Our company registration number is 09932958 and our registered office is at 97 Parkway, Camden Town, London, NW1 7PP. Our registered VAT number is 239571383.

2.2 You can contact us by writing to us at Chakshu London, 97 Parkway, Camden Town, London, NW1 7PP or email us at info@chakshu.co.uk.

2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

OUR CONTRACT WITH YOU

3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because you have not provided us the correct information required for our products, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 Although our website is generally for the promotion of our products in the UK, we will deliver and accept orders outside of the UK but additional terms will apply.

OUR PRODUCTS

4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 The packaging of the product may vary from that shown in images on our website.

4.3 If we are making the product to your specific requirements or prescription you are responsible for ensuring that the information provided is correct. You can find our more information on the website.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8.- Your rights to end the contract).

OUR RIGHTS TO MAKE CHANGES

We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements.

PROVIDING THE PRODUCTS (See Clause 17 for our Free Trial Terms)

7.1 The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products.

We aim to deliver all products within 7-10 working days.

The above times are estimates only and time is not of the essence.

7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for administration costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.

7.6 The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us. Even if you are returning the product to us for a reason set out within these terms, the product will be your responsibility until we have received it back from you.

7.7 We may need certain information from you so that we can supply the products to you, for example, relating to your prescription. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.8 To order prescription products, you must provide us with a valid prescription which has not exceeded the expiry date annotated on it and which has been issued by a registered optician.

YOUR RIGHTS TO END THE CONTRACT

8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11.;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

(c) If you have just changed your mind about the product, see Clauses 8.3 to 8.5 You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.

8.2 If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. You will not be able to obtain a refund for prescription glasses if we have started making these, even if you are within the cooling off period (see clause 8.4 and 8.5).

8.4 You do not have a right to change your mind in respect of any products made to your specific requirements (i.e. prescription glasses) and request a full refund. However, you can change your mind and cancel the contract within 24 hours of your placing the order with us and we will provide you with a full refund. After that period has expired, if you are unhappy with the product, you have 28 days after receipt of the product return the product to us in its original condition and we will provide you with a credit note up to the value of the original purchase (excluding the postage costs). Please note that credit notes are subject to an expiry limit so please check any credit note received upon receipt as it cannot be extended.

8.5 If you do wish to change your mind for non-prescription glasses, you must return the product to us within 28 days of your receipt of the product in its original condition, and we will provide you with a full refund of the price paid by you, including postage.

8.6 Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. This could be up to 100% of the price you have paid for the product where the product is a prescription product.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 To end the contract with us, please let us know by doing one of the following:

(a) Email. Email us at info@chakshu.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Chakshu London, 97 Parkway, Camden Town, London, NW1 7PP. We would strongly advise that you obtain proof of posting as we will not issue any refund until we have received the product. If you are exercising your right to change your mind you must send off the goods within 28 days of receiving the product.

9.3 We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 We will refund you the price you paid for the products including delivery costs (unless the goods were delivered outside of the UK in which case please see below), by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6 We will make any refunds due to you as soon as possible but generally within 14 days of (i) you informing us that you have changed your mind within the time limits set out in this Agreement; (ii) of our receiving the product back from you if you are changing your mind or if the product is returned due to a fault, and we accept that the product was faulty at the time we sent it to you.

OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract for a product at any time by writing to you if:

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

you do not, within a reasonable time, allow us to deliver the products to you.

10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 If you have any questions or complaints about the product, please contact us by writing to us at Chakshu London, 97 Parkway, Camden Town, London, NW1 7PP or email us at info@chakshu.co.uk

11.2 We are under a legal duty to supply products that are in conformity with this contract. This means that our products have to be of satisfactory quality, fit for purpose and match any description that we give to them. If you would like to know more about your statutory rights you can visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

11.3 If you wish to exercise your legal rights to reject products (because they do not conform to this contract) you must post them back to us. We will pay the costs of postage if upon receipt we accept that the product was faulty at the time we sold it to you.

PRICE AND PAYMENT

12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. [If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 We accept payment with all major debit and credit cards (see the website for more details). All of our products must be paid for in advance.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.

13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

OTHER IMPORTANT TERMS

15.1 We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can call us, write to us, or email us. Although we are not members at present of an alternative dispute resolution provider, if you are not happy with our final response, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.

ADDITIONAL TERMS IF YOU ARE ORDERING OUTSIDE OF THE UK

16.1 Please contact us on info@chakshu.co.uk to establish delivery costs and estimated times for delivery;

16.2 If you change your mind after receiving the goods and return them to us, we will provide you with a refund of the product price only (not the outward or inward postage);

16.2 We will inform you, once we have received your order, if we can deliver to the address requested on the order form;

16.3 If you have ordered goods to be delivered outside of the UK on the website, and standard delivery has been applied to the order, if additional postage will be incurred you agree that you will pay to us, before delivery, these additional postage costs.

16.4 You will be solely responsible for any import/export tax applied to the products, together with any local taxes or duties that applied to the products on delivery or return.

16.5 The products will be deemed delivered to you if they are seized by any customs, tax or any; other authority for the non-payment of local or national taxes.

16.6 All payments must be made in £ GBP.

16.7 Unfortunately, you are not permitted to request our Free Trial frames.

FREE TRIAL OF FRAMES

17.1 If you wish to take advantage of our offer of a free trial of our frames (which come without lenses), then you can ask us to send you up to 4 frames to try at home. You will have to provide us with debit or credit card details before we will send the frames to you.

17.2 We will then send you the frames, normally within 1-3 working days, together with information on how and where to return them to us.

17.3 You must return the frames to us, in their original condition, within 14 days of the date you received them. If you do not, we will automatically charge you the full cost of the frames. You will at that point own the frames and we will not be obliged to provide any refund to you if you return them to us after the 14 day period.

17.4 We will send you, with the Frames, a pre-paid Special Delivery postage label – you must use this label when returning the frames to us.

17.4 Our free trial is only available to residents of the United Kingdom, and we will only deliver our free frames to addresses in the United Kingdom.

17.5 Only one free home trial per customer.

CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)